Labour Hire Licensing Authority v Ung Services Pty Ltd

The Labour Hire Licensing Authority (the Authority) sought relief against Ung Services Pty Ltd (Ung Services) in the Supreme Court of Victoria. The Authority alleged that Ung Services had contravened the Labour Hire Licensing Act 2018 (Vic) and associated regulations. The Authority sought declaratory relief, pecuniary penalties, and accessory liability against Ung Services. Ung Services did not appear to defend the proceedings, leading to judgment being entered in default of appearance.

The court needed to decide whether Ung Services' non-appearance justified treating the allegations as admissions and whether the requested relief could be granted. The court referred to relevant precedents, including Foris GFS Australia Pty Ltd v Manivel, Macquarie Bank Ltd v Seagle, and Supreme Court (General Civil Procedure) Rules 2015 (Vic) r 21.04, to determine the appropriate course of action. The Authority's statement of claim detailed various contraventions by Ung Services, including failure to obtain a labour hire licence, providing false or misleading information, and contravening civil penalty provisions. The court found these allegations to be admitted due to Ung Services' absence and assessed whether the requested relief was appropriate.

The Supreme Court granted the Authority's requests for declaratory relief and pecuniary penalties against Ung Services. The court found that Ung Services had indeed contravened the Labour Hire Licensing Act and regulations, resulting in the imposition of fines. Accessory liability was also imposed on the directors of Ung Services, holding them responsible for the company's actions. The court considered the relevant legislation, case law, and the seriousness of the contraventions in determining the appropriate penalties. The final orders included declarations of the contraventions, the imposition of pecuniary penalties, and accessory liability on the directors.